HomeMy WebLinkAbout4B, Planning Case 09-016` �.� EN HI
LLS
Re uest for Council Action
q
Prepared By: Meagan Beekman, City Planner Council Meeting Date: February 22, 2010
Approve Planning Case 09-016 for a Conditional Use Permit Amendment at 1900 Lake
Valentine Road based on the findings of fact and the submitted plans as amended by the
four co�ditions as presented in the February 22, 2010, report to the City Council.
Budgeted Amount: Actual Amount: Funding Source:
$0.00 $0.00
Recommendation:
1. Approve Planning Case 09-016 for a Conditional Use Permit Amendment at 1900
Lake Valentine Road based on the findings of fact and the submitted plans as
amended by the four conditions as presented in the February 22, 2010, report to the
City Council.
...................................................................................................................._._.....................___.__..._..............._..------.----.--..........._.....................___....._.._.............__._..-----..__.._.......................--.--..........................-.-.------..__...................._...................._..-----..------..----..................._....._................._......----....................._._..................--..----.
Supporting Documents:
1. February 22, 2010, Report to the City Council
2. Planning Commission Minutes for September 9, 2009 and February 3, 20 � 0
3. Conditional Use Permit Amendment
4. February 3, 2010, Report to the Planning Commission — http://v�►�ww.ci.arden-hills.mn.us
��--
� �1� ���Jw+�+�1�
<
MEMORANDUM
DATE: February 22, 2010
TO: Mayor & City Council
FROM: Meagan Beekman, City Planner
SUBJECT: PC #: 09-016
Mounds View High School, Robert Madison
Conditional Use Permit Amendment
1900 Lake Valentine Road
Back�round
Mounds View High School received a Conditional Use Permit (CUP) Amendment to construct a
baseball field in the southwest corner of the school property in 2008. One of the conditions of
approval of the CUP stated, "If foul balls are a problem after construction is completed, the
Permittee shall work with the City and the neighbors to find appropriate solutions. The District
shall implement the solutions as determined by the City".
At their September 9, 2009, meeting the Planning Commission reviewed a request to construct a
single stand of bleachers adjacent to the new ball field. During the public hearing a number of
concerns were raised over frequent foul balls flying into adjacent properties. The Planning
Commission voted to table the application due to this concern, and asked Mounds View High
School to review the problem and provide a plan to deter foul balls from encroaching onto
nei�hboring properties.
The applicant reviewed a number of options for deterring foul balls and has amended their
original application to include a foul ball netting system in addition to the stand of bleachers
originally requested. According to the applicant the bleachers are needed to accommodate the
needs of existing game watchers and to serve the needs of games that would already be taking
place on the field. This project will not increase the number of students at the school. The
netting system is needed in order to deter foul balls from flying into adjacent properties.
City of Arden Hills
City Council Meeting fvr Februury 22, 2010
\�Nletro-inet.us�irdenhills�Plunning�Planning Cases�2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Approved)�02-22-10 -
Regular Meeting - Memo - MVHS CUP Amendment.doc
Page 1 of 4
The netting system would be a removable netting panel that would run behind home plate and
along the length of the first base line. The netting panel would be affixed to 50 foot tall steel
poles that would be permanently affixed in the ground. The netting panel would be extended
only during games.
The applicant has submitted a letter outlining the project and the scope of work, photographs of
the proposed bleachers and netting system, and technical data sheet on the proposed bleachers.
Additionally they have submitted a site plan indicating the location of the bleachers (Attachment
C).
Findin�s of Fact
The Planning Commission offers the following seventeen findings of fact for the City Council's
consideration
General Findings:
1. The applicant is proposing to construct a single stand of bleachers behind home plate
adjacent to the baseball field located on the property.
2. The applicant is proposing to install a foul ball netting system that would be 50 feet in
height and run behind home plate and along the length of the first base line.
3. Mounds View High School operates under a Conditional Use Permit in the R-1 Zoning
District.
4. The proposed bleachers and netting were not included on the Master Plan approved in
Planning Case 84-001. A CUP amendment is required to include the bleachers and
netting system.
5. Athletic fields and accessory equipment is permitted under the original CUP for Mounds
View High School.
6. The proposed application will not exceed the lot coverage limits for the property.
7. The proposed application meets all setback requirements.
8. The applicant is not proposing to remove any vegetation from the site.
9. The netting system exceeds the six foot height limitation for fences.
10. The purpose of the netting system is to improve the livability and security of adjacent
properties.
1 l. The need for the netting system is driven by an unusual circumstance of having a high
school campus and related athletic fields adjacent to residential properties.
On the Conditional Use Permit Ajnendment:
12. The proposed project is not expected to have any significant impact on traffic or parking
conditions since no change in the school population is expected and games would take
place during off hours.
13. The proposed project will not produce any permanent noise, glare, odors, vibration,
smoke, dust, air pollution, heat, liquid, or solid waste.
City of Arden Hills
City Council Meeting for Februury 22, 2010
\�Nletro-inet.us�urdenhills�Planning�Plunning Cases�2009�09-016 MVHS CUP Amendment and Site Plun Review (PC Ap�roved)\02-22-10 -
Regular Meeting - Memo - MVfIS CUP Amendrrtent.doc
Page 2 of 4
14. The proposed project will not impact storm water runoff since impervious surface is not
significantly increased and no grading is taking place.
15. The proposed project is not expected to have any impacts on school population or
density.
16. The park dedication fee is not applicable to this application.
17. The proposed project does not conflict with the City's Comprehensive Plan or the intent
of the Zoning Code.
Req uested Action
Approve Planning Case 09-016 for a Conditional Use Permit Amendment at 1900 Lake
Valentine Road based on the findings of fact and the submitted plans as amended by the four
conditions as presented in the February 22, 2010, report to the City Council.
Recommendation
The Planning Commission reviewed Planning Case 09-016 and unanimously recommends
approval (6-0) of the Conditional Use Permit Amendment based on the findings of fact and the
submitted plans as amended by the following four conditions:
1. The applicant shall continue to abide by the conditions of all previous permits and
reviews.
2. The project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission.
3. Building Permit Plans shall be submitted to the Building Official a minimum of two
(2) weeks before the planned start of construction.
4. The applicant shall obtain all necessary permits from the Rice Creek Watershed
District, MPCA, and other governmental entities and provide the City with copies of
such permits prior to the City issuing any building permits.
O�ti_
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "...it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
City of Arden Hills
City Cvuncil Meeting f�r Februury 22, 2014
\�Nletro-inet.us�ardenhills�Planning�Planning Cases�2009\09-016 MVHS CUP Amendment und Site Plan Review (PC Approved)\02-22-10 -
Regular Meeting - Memo - MVHS CUP Amendyrtent.doc
Page 3 of 4
Deadline for A�enc_y Actions
The City of Arden Hills received the completed application for this request on August 25, 2009.
Pursuant to Minnesota State Statutes, the applicant granted the City a review extension deadline
until April 22, 2010.
Attachments
A. Planning Commission Minutes for September 9, 2009 and February 3, 2010
B. Conditional Use Permit Amendment
C. February 3, 2010, Report to the Planning Commission —��:1�'�����v.c�,�.��.�1�.-�.��1�.�����.s
City of �lyd�n I�ills
City Cvuncil Meeting for Februury 22, 2010
\�lVletro-inet.us�ardenhills�Planning�Planning Cases�2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Approved)\02-22-10 -
Regular Meeting - Memo - MVHS CUP Amendment.doc
Page 4 of 4
ac r�r�en
. . .
annln omr�r�lsslon
. .
ee In lnu es
rom e e
r�r� er 2 O O an
� �
e
ru a 2 010
�
February 22, 2010, City Council Meeting
September 9, 2009, Planning Commission Minutes
Planning Case 09-016; Conditional Use Permit Amendment; 1900 Lake Valentine
Road; Mounds View High School — Public Hearing
City Planner Beekman reported that the applicant has requested a Conditional Use Permit
Amendment to construct a single stand of bleachers behind home plate adj acent to the
recently constructed ball field.
City Planner Beekman reviewed the background and stated that Staff offers the following
thirteen findings of fact for consideration:
Gene�al Fzndings:
1. The applicant is proposing to construct a single stand of bleachers behind home
plate adj acent to the baseball field located on the property.
2. Mounds View High School operates under a Conditional Use Permit in the R-1
Zoning District.
3. The proposed bleachers were not included on the Master Plan approved in
Planning Case 84-001. A CUP amendment is required to include the bleachers.
4. Athletic fields and accessory equipment is permitted under the original CUP for
Mounds View High Scholl.
5. The proposed bleachers will not exceed the lot coverage limits for the property.
6. The proposed bleachers meet all setback requirements.
7. The applicant is not proposing to remove any vegetation from the site.
On the Conditional Use Pe�mit�lmendment:
8. The proposed proj ect is not expected to have any significant impact on traffic or
parking conditions since no change in the school population is expected and
games would take place during off hours.
9. The proposed proj ect will not produce any permanent noise, glare, odors,
vibration, smoke, dust, air pollution, heat, liquid, or solid waste.
10. The proj ect will not impact storm water runoff since impervious surface is not
significantly increased and no grading is taking place.
11. The proposed proj ect is not expected to have any impacts on school population or
.
denslty.
12. The park dedication fee is not applicable to this application.
13. The proposed proj ect does not conflict with the City's Comprehensive Plan or the
intent of the Zoning Code.
City Planner Beekman stated that based on the submitted plans and findings of fact, Staff
recommends approval of Planning Case 09-016 for a Conditional Use Permit
Amendment to construct a stand of bleachers adj acent to the baseball field at Mounds
View High School. The recommendation for approval is subj ect to the following four
..
condltlons:
1. The applicant shall continue to abide by the conditions of all previous permits and
.
revlews.
2. The proj ect shall be completed in accordance with the plans submitted as
amended by the conditions of approval. Any significant changes to these plans,
as determined by the City Planner, shall require review and approval by the
Planning Commission.
3. Building Permit Plans shall be submitted to the Building Of�cial a minirnum of
two (2) weeks before the planned start of construction.
4. The applicant shall obtain all necessary permits from the Rice Creek Watershed
District, MPCA, and other governmental entities and provide the City with copies
of such permits prior to the City issuing any building permits.
City Planner Beekman stated that if this Planning Case is approved it will be on the
September 28, 2009 City Council meeting agenda.
Chair Larson opened the floor to Commission questions.
Commissioner Sand asked if the ball field is lighted.
City Planner Beekman stated that the field is not lighted.
Chair Larson opened the Public Hearing at 6:43 p.m.
Chair Larson invited anyone for or against the application to come forward and make
comment.
Chair Larson invited Mr. Bob Madison from Mounds View High School to approach the
podium to answer any questions raised by the Planning Commission.
Commissioner Zimmerman asked what the average attendance was for the baseball
games.
Mr. Madison stated that the average attendance was 140 to 180 people and the seating for
the proposed bleachers was 142. This is expected to provide enough seating because
several people attending the games prefer to stand or bring their own chairs.
Commissioner Sand asked how spectators accessed the proposed bleacher area.
Mr. Madison stated that there were signs posted that directed people where to go to
access the area.
Mr. Jim Hanton, 3945 Rolling Hills Road, Arden Hills, expressed concerns about the
out�eld fencing at the baseball �eld, the graffiti on the dugouts, and the foul balls that
reach the residents yards and homes.
Mr. Steve VVraneschetz, 3947 Rolling Hills Road, Arden Hills, stated that before
bleachers are installed the problem with foul balls landing in residents yards should be
addressed. He stated that the foul balls pose a safety issue for residents and their
families.
Mr. Tim O'Malley, 1851 Gramsie Road, Arden Hills, stated that foul balls are still a
concern including the safety and liability of residents. He also expressed concerns about
privacy since both kids and adults are j umping over the fence to retrieve foul balls.
Chair Larson asked Mr. Madison what the proposal was for correcting the issues with the
foul balls.
Mr. Madison stated that they were in the study phase and did not have a proposal or
timeline for completion at this time.
Commissioner Holewa stated that the residents have expressed concerns about where the
netting is currently being stored.
Mr. Madison stated that he had been unaware of this and would work with the residents
to find a solution.
Discussion ensued regarding the need for a plan to address the problems with the foul
balls including the liability and the trespassing problems this imposes on residents.
Chair Larson closed the Public Hearing at 7:21 p.m.
Commissioner Holewa moved, seconded b_y Commissioner Sand, to recommend
tablin� Plannin� Case 09-016, Conditional Use Permit Amendment; 1900 Lake
Valentine Road; Mounds View Hi�h School, for further information re�ardin� the
resolution of foul balls and trespassin� , in, resident's _yards. The motion carried
unanimousl_y.
Draft February 22, 2010, Planning Commission Minutes
B. Planning Case 09-016; Conditional Use Permit Amendment and Site Plan
Review; 1900 Lake Valentine Road; Mounds View High School — Public
Hea�ing
City Planner Beekman reported that the applicant has requested a Conditional Use
Permit and Site Plan Review to construct a single stand of bleachers and install a
foul ball netting system behind home plate adj acent to the recently constructed
ball field. She then provided background information and said that Staff offers
the following seventeen findings of fact for the Planning Commission's
consideration:
Gene�al Findings:
l. The applicant is proposing to construct a single stand of bleachers behind
home plate adj acent to the baseball field located on the property.
2. The applicant is proposing to install a foul ball netting system that would be
50 feet in height and run behind home plate and along the length of the first
.
base llne.
3. Mounds View High School operates under a Conditional Use Permit in the R-
1 Zoning District.
4. The proposed bleachers and netting were not included on the Master Plan
approved in Planning Case 84-001. A CUP amendment is required to include
the bleachers and netting system.
5. Athletic fields and accessory equipment is permitted under the original CUP
for Mounds View High School.
6. The proposed application will not exceed the lot coverage limits for the
prop erty.
7. The proposed application meets all setback requirements.
8. The applicant is not proposing to remove any vegetation from the site.
9. The netting system exceeds the six foot height limitation for fences.
10. The purpose of the netting system is to improve the livability and security of
adj acent properties.
11. The need for the netting system is driven by an unusual circumstance of
having a high school campus and related athletic fields adj acent to residential
properties.
On the Conditzonal Use Pe�mitAmendment:
12. The proposed proj ect is not expected to have any significant impact on traffic
or parking conditions since no change in the school population is expected and
games would take place during off hours.
13. The proposed proj ect will not produce any permanent noise, glare, odors,
vibration, smoke, dust, air pollution, heat, liquid, or solid waste.
14. The proposed proj ect will not impact storm water runoff since impervious
surface is not significantly increased and no grading is taking place.
15. The proposed proj ect is not expected to have any impacts on school
population or density.
16. The park dedication fee is not applicable to this application.
17. The proposed proj ect does not conflict with the City's Comprehensive Plan or
the intent of the Zoning Code.
City Planner Beekman stated that based on the submitted plans and the findings of
fact, Staff recommends approval of Planning Case #09-016 for a Conditional Use
Permit Amendment to construct a stand of bleachers and foul ball netting system
adj acent to the baseball � eld at Mounds View High School. The recommendation
for approval is subj ect to the following four conditions:
1. The applicant shall continue to abide by the conditions of all previous permits
and reviews.
2. The proj ect shall be completed in accordance with the plans submitted as
amended by the conditions of approval. Any signi� cant changes to these
plans, as determined by the City Planner, shall require review and approval by
the Planning Commission.
3. Building Permit Plans shall be submitted to the Building Official a minimum
of two (2) weeks before the planned start of construction.
4. The applicant shall obtain all necessary permits from the Rice Creek
Watershed District, MPCA, and other governmental entities and provide the
City with copies of such permits prior to the City issuing any building permits.
Chair Larson opened the floor to Commission questions.
Commissioner Reiff asked if the netting would work in reducing the number of
foul balls that were in people's yards.
Mr. Robert Madison, Mounds View High School, clarified that the height of the
netting would deter foul balls but it was not guaranteed to stop them 100%. He
also stated the netting would remain up during the season but then it would be
stored. He stated the netting would be on steel poles that were ten feet in the
ground and fifty feet above ground.
Chair Larson stated at the previous meeting residents had also expressed concerns
about people entering their property to retrieve foul ba11s. He asked what
measures had been taken to remedy this situation.
Mr. Madison stated that signs will be posted and continued communications with
the players will improve this.
Commissioner Holewa asked if the residents approved of this solution.
Mr. Madison stated there had been good communications with the residents and
even though there was not a 100% guarantee this would stop all the foul balls it
was believed this would be effective at reducing the number of balls that affected
the residents.
Mr. Holewa asked what the solution is going to be for storing the fencing and if
the netting would be stored in the same manner.
Mr. Madison stated they were working on a solution for storing the fencing in a
different manner. The netting would be rolled up on the poles when not in use.
He clarified that the school would like to move forward with installation of the
netting for the upcoming spring season.
Chair Larson opened the public hearing at 8:13 p.m.
Chair Larson invited anyone for or against the application to come forward and
make comment.
Mr. Steve Wraneschetz, 3947 Rolling Hills Road, Arden Hills, stated that after
meeting with Mr. Madison he does feel comfortable that the netting will be fairly
effective in reducing the number of foul balls in neighboring yards. He did asked
what recourse the residents had if this was not as effective as they had hoped it
would be.
Chair Larson explained the resolution of the foul balls landing in resident's yards
was a condition of approval for this permit. He recommended that the residents
continue to communicate with Mr. Madison regarding any issues or concerns and
if needed, they could also come to the City. He clarified that the netting was not
going to be 100% effective in keeping all foul balls out of the neighboring yards.
Mr. Jim Hanton, 3945 Rolling Hills Road, Arden Hills, stated the neighbors agree
that the netting is a good solution. He stated he would like to know that the City
would take the lead if this solution does not workout as well as anticipated.
Commissioner Modesette asked if Mr. Hanton felt there were other options
available that did provide a 100% guarantee the neighboring residents would not
be affected by foul balls.
Mr. Hanton stated that the only 100% guarantee would have been to build the
field in a different location. He clarified that he is not advocating moving the ball
field.
Chair Larson closed the public hearing at 8:20 p.m.
Commissioner Reiff moved, seconded b_y Commissioner Thompson to
recommend approval of Plannin� Case 09-016, for a Conditional Use Permit
Amendment at 1900 Valentine Road based on the findin�s of fact and the
submitted plans as amended b_y the four conditions in the Februar_y 3, 2010,
plannin� case report. The motion carried unanimousl_y (6-0).
ac men
.. .
on 1 lona se e�l men r�r�en
February 22, 2010, City Council Meeting
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY �F ARDEN HILLS
CONDITIONAL USE PERMIT AMENDMENT
CASE NO. 09-016
1.0 Recitals.
A. Independent School District No. 621, a governmental subdivision of the
State of Minnesota ("Permittee"}, and having one of its school campuses
located on the following real property in the City of Arden Hills, Ramsey
County, Minnesota ("Arden Hills"):
The East �/2 of the Southeast 1/4 of Section 27,
Township 30, Range 23 and the East �/4 corner of said
Section 27; thence run Southerly on the East line of
said Section 27 for 1297.1 feet; thence run Westerly
at right angles to said line for 90 feet; thence
Northerly and parallel to said line a distance of 250
feet to the place beginning; thence continuing
Northerly along said parallel line a distance of 250
feet; thence run Westerly at right angles and parallel
to said line a distance of 250 feet; thence Easterly at
right angles a distance of 435.6 feet, to the point of
beginning in the "Subject Property".
B. On the 12th day of January, 2010, Permittee submitted a completed
application to Arden Hills requesting that its existing conditional use permit
be amended to allow the construction of a stand of bleachers and a foul
ball netting system adjacent to the baseball field ("Application") on the
Subject Property.
C. �n the 3rd day of February, 2010, the Application was reviewed at a public
hearing by the Arden Hills Planning Commission. The Arden Hills
Planning Commission considered the recommendations of the Arden Hills
staff, the comments of the public and recommended approval of the
Application subject to certain conditions.
2.0 Approval of Application. On the 22nd day of February, 2010, the Arden Hills
City Council considered the Application, the recommendations of the Arden Hills
Staff and Planning Commission, the effects of the proposed amended conditional
use on the health, safety, convenience and general welfare of the owners and
occupants of surrounding land and the community as a whole, and determined
that the facts and circumstances of this particular case warranted the granting of
the amended conditional use permit subject to the following conditions:
A. The Permittee shall continue to abide by the conditions of all previous permits
and reviews.
B. The project shall be completed in accordance with the plans submitted as
amended by the conditions of approval. Any significant changes to these
plans, as determined by the City Planner, shall require review and approval
by the Planning Commission.
C. The Permittee shall submit Building Permit Plans to the Building Official a
minimum of two (2) weeks before the planned start of construction.
D. The Permittee shall obtain all necessary permits from the Rice Creek
Watershed District, MPCA, and other governmental entities and provide the
City with copies of such permits prior to the City issuing any building permits.
Dated: 22nd Day of February, 2010.
CITY OF ARDEN HILLS
��.
Stanley D Harpstead
Its: Mayor
STATE OF MINNESOTA )
) SS.
C�UNTY OF RAMSEY )
On this day of , 2010, before me, a Notary Public within and for
said county, personally appeared Stanley Harpstead to me, known to be the Mayor of
the City of Arden Hills, and he executed the foregoing instrument and acknowledged
that he executed the same by authority and on behalf of the City of Arden Hills.
Notary Public
0
I ndependent School District No. 621
gy.
Name:
Title:
STATE OF MINNESOTA )
) SS.
CDUNTY OF RAMSEY )
On this day of , 201 �, before me, a Notary Public within and for
said cou nty, personally appeared , to me know to be the
of , and s/he executed the foregoing instrument and
acknowledged that s/he executed the same by authority and on behalf of the
I ndependent School District No. 621
Notary Public
Drafted By:
Meagan Beekman, City Planner
City of Arden Hills
1245 West H ig hway 96
Arden Hills, MN 55112
\\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-016 MVHS CUP
Amendment and Site Plan Review (PC Approved)\CUP Amendment 09-016.doc
3
ac men
. . .
e or o e annln omr�r�lsslon
ro�r� e rua 2 O 10 .
�
Available online at:
��.�� a ���a�:�e���?�.��.—�.��.��a���.�lb��� ���.�i�� �;����
February 22, 2010, City Council Meeting